(a) Binding arbitration in lieu of appeal to Personnel Board. The parties to any appeal that the Personnel Board may hear under § 521(a)(2) of the Charter may submit the matter to binding arbitration instead of an appeal to the Personnel Board.
(b) Notice and filing. Within the period of time for submission of the matter to the Personnel Board, the party requesting submission of the grievance to binding arbitration shall:
(1) provide to all other parties and the Personnel Officer written notice of the request, including a summary of the issues presented by the grievance, and the relief sought; and
(2) file with the Federal Mediation and Conciliation Service or another appropriate service mutually agreeable to the parties a written request for a panel of nine arbitrators who are members of the National Academy of Arbitrators.
(c) Arbitrator selection. The arbitrator shall be chosen from the panel by mutual agreement of the parties. If the parties are unable to agree, the parties, beginning with the party requesting arbitration, will alternately strike panel members until there is only one member remaining. The sole remaining panel member shall arbitrate the dispute.
(d) Powers and duties of arbitrator. The arbitrator may:
(1) convene and adjourn hearings on the grievance;
(2) administer oaths;
(3) call and examine witnesses;
(4) issue subpoenas to compel the presence of witnesses and the production of documents;
(5) hear the evidence; and
(6) issue a final and binding decision on the grievance.
(e) Hearings. Arbitration hearings shall be conducted in Anne Arundel County unless otherwise agreed in writing by the parties. The arbitrator shall designate a time and place for the hearing and notify the parties not less than 20 days before the hearing.
(f) Rights at hearing. At the arbitration hearing, each party has the right to be heard, to present evidence material to the controversy, and to examine and cross-examine witnesses. Arbitrators are not bound by the technical rules of evidence.
(g) Jurisdiction and authority. The jurisdiction and authority of the arbitrator is the same as that of the Personnel Board acting under § 521(a)(2) of the Charter.
(h) Written decision. The arbitrator shall issue a written decision on the grievance within 30 days after declaring the record closed unless the parties otherwise agree in writing.
(i) Costs shared. Each party shall bear its own expenses in connection with the arbitration proceedings. The parties shall share equally the cost of obtaining the panel as provided in subsection (b)(2) and the fee and expenses of the arbitrator.
(1985 Code, Art. 8, § 4-112) (Bill No. 4-93)